SOP Station House Management by Kerala Police

9.11. COURT MONITORING SYSTEM 105
tence on the ground of its inadequacy,
theHigh Court shall
not enhance the sentence except
after giving to the accused
a reasonable, opportunity
of showing cause against
such enhancement. The accused
while replying to the
show cause may plead for his
acquittal or for the reduction
of sentence (Sec.377 CrPC).
The appeal time is prescribed
by Limitation Act of 1963, Articles
114 and 115.
4) The State Government
may in any case, direct the
public prosecutor to present
an appeal to the High Court
from an order of acquittal
(original or appellate passed
by the Court of Session in revision),
Section 378 Cr.P.C.
No application for the grant
of special leave to appeal from
an order of acquittal shall be
entertained by the High Court
after expiry of six months
where the complainant is a
public servant and sixty days
in every other case, computed
from the date of that order of
acquittal.
5) There shall be no appeal
in certain cases: When
an accused person has pleaded
guilty and has been convicted
on such plea, there shall be no
appeal:
(a) If the conviction is by
a High Court or ;
(b) If the conviction is by
a Court of Session, Metropolitan
Magistrate or Magistrate
of the First Class except as
to the extent or legality of
the sentence. (Section 375
CrPC).
6) No appeal in petty
cases. Section 376 CrPC.
There shall be no appeal by
a convicted person any of the
foilowing cases namely:
(a) Where a High Court
passes only a sentence of imprisonment
for a term not exceeding
six months or of fine
not exceeding one thousand
rupees or of both such imprisonment
and fine;
(b) Where a Court of Session
or a Metropolitan Magistrate
passes only a sentence of
imprisonment for a term not
exceeding three months or of
fine not exceeding two hundred
rupees or of both such
imprisonment and fine;
(c) Where a Magistrate of
the First Class passes only a
sentence of fine not exceeding
one hundred rupees; or
(d) Where in a case tried
summarily a Magistrate empowered
to act under Section
260 passes only a sentence of
fine not exceeding two hundred
rupees.
Provided that, an appeal
may be brought against any
such sentence if any other
punishment is combined with
it but such sentence shall not
be appealable merely on the
ground:
i) that one person convicted
is ordered to furnish security
to keep the peace; or
ii) that a direction for imprisonment
in default of payment
of fine is included in the
sentence; or
iii) That more than one
sentence of fine is passed in
the case, if the total amount of
fine imposed does not meted
the amount respect of the
case.
9.10.2 Revision
Section 395 CrPc
(1) When any Court is satisfied
that a case pending before
it involves a question as
to the validity of any Act, Ordinance
or Regulation or any
Provision contained in an Act,
Ordinance or Regulation, the
determination of which is necessary
for the disposal of the
case, and is of the opinion that
such Act, Ordinance, Regulation
or Provision invalid or inoperative
but has not been so
declared by the High Court
to which that Court is subordinate
or by the Supreme
Court, the Court shall state
a case setting out its opinion
and thereasons there for and
refer the same for the decision
of the High Court.
(2) A Court of Session
or a Metropolitan Magistrate
may, if it or he thinks fit in
any case pending before it or
him to which the provisions
of sub- section (i) do not apply
refer for the revision of
the High Court any question
of law arising in the hearing
of such case
When the accused or the
Public Procecutor goes in appeal,
the Police officers have
to keep track, meet the Public
Procecutor, explain the case;
if necessary, prepare a detailed
note for use by the Public
Procecutor and follow up
the case till the end. They
should also make case diaries
of all the developments that
have taken place.
9.11 Court monitoring
System
The general attitude of the
Police is that it owes a responsibility
of criminal case only
to the extent of filing chargesheet.
Once the chargesheet
is filed and the case is numbered
by the Court, the investigating
officer fails to monitor
thè progress of the case
in the Court. A Police officer
with a proactive approach